New Zealand Case Law: Decisions & Judgments

Topic

Mortgagee powers

Legal area

Court

31 May 2023

CHEN v GENERAL FINANCE LTD [2023] NZHC 1329

Citation

[2023] NZHC 1329
Court

High Court

Leave to commence by originating application was refused because it was not in the interests of justice: applicants had no legal or equitable right at immediate risk by enforcement of the PLA notices, they failed to raise a serious question to be tried on oppression or statutory breaches, the s119 notice had expired unremedied allowing enforcement, and the balance of convenience favoured the respondent.
14 May 2020

AVON PARNELL LIMITED v CHEVIN [2020] NZHC 976

Citation

[2020] NZHC 976
Court

High Court

On the serious question threshold the Court held APL raised a serious question that it is not bound by the loan because the change recorded at the Registrar was not a notice provided by the company's board under s159 and the fraudulent filing was not an act of a person of the kind covered by s18(2); accordingly interim injunctive relief restraining the mortgagee was justified pending trial.
26 May 2016

CARDNO (NZ) LIMITED v GLW GROUP LIMITED [2016] NZHC 1124

Citation

[2016] NZHC 1124
Court

High Court

The court held that the $24,902.39 actually paid to Cardno by the Lepionka mortgagee discharged Cardno's claim to that portion and Cardno was no longer a creditor in respect of that sum; the remaining $24,902.39 had not been advanced or paid and remained a debt due by GLW at the time of the statutory demand; equitable assignment or mortgagee promises did not, on the evidence, deprive Cardno of creditor status because GLW had no notice and Cardno retained the right to pursue GLW; accordingly the statutory demand was sufficient and the liquidation claim was dismissed but the monies held were to…

New Zealand Case Law

CHEN v GENERAL FINANCE LTD [2023] NZHC 1329

AVON PARNELL LIMITED v CHEVIN [2020] NZHC 976

CARDNO (NZ) LIMITED v GLW GROUP LIMITED [2016] NZHC 1124